Common use of Technical Audit Clause in Contracts

Technical Audit. Customer shall provide to HMH the information required for HMH to assess the sufficiency of HMH’s systems and technical infrastructure (e.g., bandwidth and hardware configuration) to properly access and use the Hosting Environment, Hosting Services and hosted Software (such assessment, a “Technical Audit”). Customer has the sole responsibility for ensuring that such information is accurate. HMH shall have no responsibility for ensuring that such information is accurate or for making corrections if the Software or Services do not work properly because of an inaccuracy in the HMH Technical Audit. The completed HMH Technical Audit for Customer is incorporated herein by reference. If a Technical Audit reveals that Customer’s systems or technical infrastructure does not meet HMH’s recommended specifications for access to or use of the Hosting Environment, Hosting Services or hosted Software and Customer elects to purchase Hosting Services notwithstanding such assessment, HMH shall not be responsible or have any liability for the inability of Customer to access or use the Hosting Environment, Hosting Services, or hosted Software.